App means the Zarraffa’s Coffee mobile application approved for use on iOS and Android from time to time;Card Number means the – five (5) or six (6) digit number immediately following the word ‘GIFT’ that appears on the back of your physical Gift Card or as appearing in the electronic Gift Card in the App;Date of Issue means the date that the Gift Card is recorded as activated in our computer system, in accordance with clause 4(c);Dollar or $ means Australian dollars;Eligible Transaction means any sale transaction for any items sold in each Zarraffa’s Coffee Store, including any part-payment (i.e. with Zarraffa’s Z$®, cash or other means) but excludes the purchase of Gift Cards;Gift Card means the physical or electronic (through the App) Gift Card that you have purchased or received as issued by us containing a unique Card Number that is loaded with pre-paid credit that can be utilised at any Zarraffa’s Coffee Store;Remaining Card Value means, at any time, that portion of the initial value loaded onto your Gift Card which is unspent and can be accessed by using the Gift Card in accordance with these Terms of Use;Zarraffa’s means Zarraffa’s Franchising Pty Ltd ACN 093 874 250 of Unit 1, 54 Siganto Drive, Helensvale, Queensland 4212;Zarraffa’s Coffee Store means any Zarraffa’s Coffee store, whether it be an authorised franchisee or corporately owned store who have agreed to participate in the sale and redemption of Gift Cards from time to time (a full list of participating stores from time to time can be found at www.zarraffas.com/our-stores);Zarraffa’s Privacy Policy means the privacy policy of Zarraffa’s found at www.zarraffas.com/privacy-policy or by calling Zarraffa’s on (07) 5500 0800;
A reference to we, us, our is a reference to Zarraffa’s; and
A reference to you or your is a reference to the person who is in possession of the Gift Card at the relevant time for the purposes of these Terms of Use.

This document contains the full set of terms of use governing your use of the Gift Card. Please read this document carefully before using the Gift Card. If you do not understand these Terms of Use or if you have any questions, please call Zarraffa’s on (07) 5500 0800.

By purchasing, redeeming or attempting to redeem a Gift Card, you:(a) accept and agree to be bound by these Terms of Use; and(b) acknowledge that you have read and understood the Zarraffa’s Privacy Policy.

(a) You may purchase a Gift Card:(i) in-store at any Zarraffa’s Coffee Store; or(ii) through the App.(b) At the time of purchasing a Gift Card in-store you must elect a Dollar amount (not exceeding $200.00), that you wish to load onto the Gift Card and pay that amount as nominated by you to the Zarraffa’s Coffee Store.(c) At the time of purchasing a Gift Card through the App you must elect a Dollar amount (as pre-determined by us from time to time), that you wish to load onto the Gift Card and pay that amount through the App.(d) The Gift Card will be activated at the time of purchase, however, there may be a delay between when you pay for a Gift Card and when the Gift Card is activated ready for use in our point of sale system (‘Delay Period’). During this Delay Period, the Gift Card cannot be used for an Eligible Transaction.(e) The Gift Card will only ever be worth the Remaining Card Value.(f) We and/or any Zarraffa’s Coffee Store, may in their absolute discretion, refuse to sell a Gift Card to any person at any time for any reason.

5.1 How and where you can use the Gift Card(a) Your Gift Card may only be used at Zarraffa’s Coffee Stores.(b) Each Zarraffa’s Coffee Store will accept the Gift Card in accordance with these Terms of Use and any applicable law. You acknowledge that the Gift Card may not be used for purchases over the internet (except as allowed in the App) or by email, phone or fax.5.2 Purchases with your Gift Card(a) Your Gift Card can be used to make any Eligible Transaction at a participating Zarraffa’s Coffee Store. The Eligible Transaction will be completed when the balance has reduced on your Gift Card. You agree that we can reduce the Remaining Card Value by the value of all purchases of goods and services that are made by you with the Gift Card.(b) No change will be given and any Remaining Card Value can only be used in whole or part against future Eligible Transaction purchases and is not redeemable or exchangeable.(c) Transactions are authorised by you:(i) handing over/swiping your Gift Card (or some other way approved by that Zarraffa’s Coffee Store) at a Zarraffa’s Coffee Store; or(ii) causing your Gift Card to be authorised as the payment method through the App in line with the requirements of the App and the Zarraffa’s Coffee Store,
when making an Eligible Transaction.5.3 Eligible Transactions
When you authorise an Eligible Transaction:(a) you are confirming that the Eligible Transaction correctly represents the purchase price of the goods obtained; and(b) you are agreeing to pay the amount of that transaction by the reduction of the Remaining Card Value.5.4 Purchases exceeding the Gift Card value
Your Gift Card may only be used to make purchases up to the Remaining Card Value. If you wish to make a purchase for an amount that exceeds the Remaining Card Value, you must pay the excess using another payment method.5.5 Gift Card not legal tender(a) Gift Cards cannot be redeemed for cash, cannot be used for cash equivalent transactions (such as bill payments, cash advance, redeem for cash, purchase of financial products or foreign currency, or gambling transaction), reloaded, returned for a refund, have their balances consolidated to a new Gift Card, or be replaced after expiry. We may in our sole discretion elect to cancel a Gift Card or block such a transaction if you attempt to do so.(b) Gift Cards are not legal tender, account cards, credit or debit cards or securities.(c) You cannot exchange your Gift Card for a different denomination or type of Gift Card or for another tender, cash or discount.(d) You are not entitled to cancel your Gift Card.5.6 Validity and expiry of Gift Cards
Your Gift Card will be valid for use for 36 months from the Date of Issue (or as otherwise extended by us in our sole determination and discretion, or by applicable law). Any Remaining Card Value that remains on a Gift Card following 36 months from the Date of Issue will no longer be valid and all transactions will be declined. Any Remaining Card Value will not be refunded and will become our property.5.7 Re-issue of faulty or damaged Gift Cards
Re-issue of faulty or damaged Gift Cards is not available unless the Gift Cards are proven to be faulty or damaged as a result of the production process or otherwise due to the fault of Zarraffa’s, a Zarraffa’s Coffee Store or their authorised agents.5.8 Destruction of Gift Card with no value
Once the Remaining Card Value is completely used or no longer valid in accordance with clause 5.6, destroy your card by cutting it in half diagonally. Your Gift Card cannot be recharged.

(a) Once a Gift Card has been purchased, no additional credit or value can be added to it.(b) Once your Gift Card has reached a ‘nil’ balance, it cannot be re-activated.6.2 Treatment of Gift Cards
Keep your Gift Card secure and treat it as you treat cash. Anyone holding the Gift Card can use its value to make purchases in accordance with these Terms of Use. Lost or stolen Gift Cards will not be replaced or refunded.6.3 Lost or stolen Gift Cards
We reserve the right to place a stop on your Gift Card if:(a) you report that your Gift Card has been lost, stolen or damaged; or(b) we believe, or reasonably suspect, that you have used (or will use) your Gift Card contrary to these Terms of Use.

You are responsible for the use and safety of your Gift Card. You are liable for all transactions on your Gift Card, except to the extent to which there has been fraud or negligence by us or by any of our employees. The presentation of a Gift Card at any Zarraffa’s Coffee Store for any Eligible Transaction will be taken as complete evidence that the bearer is entitled to use same. No further or additional checks are required to be undertaken by Zarraffa’s and/or the operator of any Zarraffa’s Coffee Store.(a) Changes to Terms Of Use(b) We may cancel any Gift Card, or the gift card scheme, for any reason at any time without notice to you. If so, we may either provide a refund or a replacement gift card of equivalent value, unless we reasonably suspect fraud in relation to a Gift Card. The Gift Card at all times remains our property.(c) We reserve the right to change any of the terms contained in these Terms of Use at any time where the change is required:(i) to change any pre-determined or maximum amount under clause 4(b);(ii) to add or remove Zarraffa’s Coffee Stores where the Gift Card may be redeemed;(iii) to add or remove goods which may be purchased with the Gift Card;(iv) for infrastructural, systems, administrative or operational reasons or to prevent the occurrence of fraud or other unlawful or unacceptable conduct;(v) to comply with any contract, law, regulation or statute or order or judgment of any court, tribunal or other body having competent jurisdiction; or(vi) where we, acting reasonably, consider that it will not be to your detriment.(d) Changes to these Terms of Use will be available by visiting the Zarraffa’s website at www.zarraffas.com/giftcards or by emailing admin@zarraffas.com.

8.1 Gift Cards
If you have reason to believe that an error has occurred in relation to your Gift Card, you should contact Zarraffa’s in writing by:(a) email to admin@zarraffas.com; or(b) post to Zarraffa’s Coffee Administration, PO Box 1600, Oxenford, Qld, 4210.8.2 Goods or services
Any complaints about goods or services purchased with a Gift Card must be resolved directly with the store concerned.

To the extent permitted by law, we will not be liable to you for any loss or damage (whether direct or consequential), nor be in default under these Terms of Use, for failure to observe or perform any of our obligations under these Terms of Use for any reason or cause which could not, with reasonable diligence, be controlled or prevented. These causes include acts of God, acts of nature, acts or omissions of government or their agencies, strikes or other industrial action, fire, flood, storm, riots, power shortages or failures, sudden and unexpected system failure or disruption by war or sabotage, and other acts or omissions of third parties.

These Terms of Use are to be construed and enforced in accordance with the laws of Queensland, Australia. Any dispute arising from your receipt or use of a Gift Card is subject to the non-exclusive jurisdiction of the courts of Queensland, Australia (including the Federal Court of Australia, Queensland Registry).

Zarraffa’s is bound by the Australian Privacy Principles (APPs) in the Privacy Act 1988 (Cth) and by purchasing a Gift Card and/or using the Gift Card, you are taken to consent to Zarraffa’s Privacy Policy which contains information, amongst other things, about how your personal information (if any) is handled and how you may access personal information that is held by Zarraffa’s about you and seek correction of such information.